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nydus/Politics: A Treatise on GovernmentPublic

This treatise examines the role of the legislator in constructing a society that facilitates the good life for its citizens. It posits that the state is a community organized to achieve a perfect and self-sufficing existence, with the legislator serving as a craftsman responsible for shaping the social environment and moral standards.

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Table of Contents

CHAPTER XVI

ten such faithful counsel mine!" Not but that there are even now some particular magistrates invested with supreme power to decide, as judges, those things which the law cannot, as being one of those cases which comes not properly under its jurisdiction; for of those which can there is no doubt: since then laws comprehend some things, but not all, it is necessary to enquire and consider which of the two is preferable, that the best man or the best law should govern; for to reduce every subject which can come under the deliberation of man into a law is impossible.

No one then denies, that it is necessary that there should be some person to decide those cases which cannot come under the cognisance of a written law: but we say, that it is better to have many than one; for though every one who decides according to the principles of the law decides justly; yet surely it seems absurd to suppose, that one person can see better with two eyes, and hear better with two ears, or do better with two hands and two feet, than many can do with many: for we see that absolute monarchs now furnish themselves with many eyes and ears and hands and feet; for they entrust those who are friends to them and their government with part of their power; for if they are not friends to the monarch, they will not do what he chooses; but if they are friends to him, they are friends also to his government: but a friend is an equal and like his friend: if then he thinks that such should govern, he thinks that his equal also should govern. These are nearly the objections which are usually made to a kingly power.

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